Is it over?
Is that it, then? Is it over? Is Wendy Alexander completely in the clear over the donations to her leadership campaign?
Strictly, no - because we have yet to hear from the fiscal on the issue of her .
Politically, though, I suspect the caravan will now move on. . There鈥檚 other talk of a 鈥渨hitewash鈥, of 鈥済etting away with it.鈥
Broadly, the Electoral Commission looked at two matters. Did she accept and retain an impermissible donation? Yes - but she took significant steps to check (although not 鈥渁ll reasonable steps鈥.)
Was there a cover-up? The commission says there isn鈥檛 sufficient evidence to refer to the fiscal on this.
That verdict includes 鈥淲endy Alexander鈥檚 campaign team鈥. That includes Charlie Gordon MSP, who solicited the donation from Jersey-based Paul Green.
Must confess that sounded a bit like 鈥渘ot proven鈥 to me - but Ms Alexander insists it is the standard legal formula used by the commission in exculpation.
Charlie Gordon will now have to forfeit a further donation from Mr Green, paid to his local party. The commission will then rule. I suspect their verdict on that may be similar to that issued today.
Has it damaged Labour? Yes. Quite simply, yes. Asked if she鈥檇 considered resigning, Ms Alexander replied: 鈥淣ot in a meaningful way, no.鈥
In a meaningful way, she now has to show she鈥檚 up to the task of taking on Alex Salmond.
I'm 
Comments
The damage this has done to Wendy Alexander and the Labour Party is huge. Describing it as a "not proven" verdict is about right.. The suspicion will linger.
Pass the sunglasses the reflection from the fresh whitewash is blinding.
The FM will be delighted he only has to contend with one so contaminated and without any integrity, especially at the next election.
Just as an ordinary member of the public, I worry about the broader signals. If I read the electoral commission correctly it seems to imply that in matters of electoral law involving politicians - presumably of whatever party - it is not enough to break the law before action is likely. You have to want to break the law and leave incontrovertable evidence that that is so.
Someone tell me I am wrong: please tell me I am wrong.
what a surprise, she got off with it.
The damage to the labour party is done though.
Doesnt look like we will see any by-elections then.
quote
"Was there a cover-up? The commission says there isn鈥檛 sufficient evidence to refer to the fiscal on this."
I read this as a Not Proven verdict which doesn't mean that she is innocent, only that they would have difficulty in getting a clear guilty verdict.
It's over? As far as the establishment is concerned - maybe so. But there will be a huge blow back from the electorate over this. This affair is shameful in the way it has been handled. Whatever happened to the rule of law.
Spot on Brian.. she now has to show she鈥檚 up to the task of taking on Alex Salmond.
Obviously supporters of other parties wished that she was hanged, but it would be pretty disastrous to lose a party leader over such a trivial incident. Having said that, the Wendy team's conduct speaks volumes about Scottish Labour at the moment and they are quite rightly damaged.
Oh Brian whats going on ?
You scratch my back and I will scratch yours....typical New Labour mafia stitch up...
It stinks this is bad for Scottish Politics and Scotland.
Brian the 大象传媒 and the Scottish Media are allowing this crooked type of dealings to go on.
Once again, rightly or wrongly it appears that the "one law for us etc." seems to hold true.The law was broken, whether any charge or punishment was merited or not should have been a decision for the proculator, not a decision for a commitee of M.S.P.'s with a vested interest in protecting their own interests. If Ms Alexander had any of the integrity she claims , she would have already resigned. However her continued presence in the parliament will make life considerably easier for the S.N.P.. Eventually, the humiliation of being removed from office by her "troops" will be fitting punishment for her arrorant disregard for the electorate.
So La Alexander got away with it because it wasn鈥檛 鈥榠n the public interest鈥 (translation 鈥 we don鈥檛 want to do this to one of our own).
Here's me thinking that it was the police who investigated when a crime was allegedly committed and then pass it to the procurator fiscal for consideration as to whether to proceed with a prosecution. It must be handy when you can have your chums mull over whether you have done anything wrong and then decide whether you should go up in front of the beak.
Note to self - get a job as a politician so that when I break the law I won't have to answer for it.
Talk about get out of jail free cards ........
the rection of the first minister was truly in character! He should have welcomed the decision and said lets now get on with the business of government. And government needs effective opposition...over to you wendy alexander.
Unlike the moral mafia who have published their thoughts here in recent weeks, I鈥檓 glad that we have due process in the country and not trial by media!
It seems that the EC went out of its way and bent over backwards to give WA a not proven verdict. Shameful and cowardly.
With regard to the Dr Dyer matter her explanation still appears to be at odds with the civil servants verion of events.
What goes round comes round. The SNP tried to smear Ms Alexander over what was obviously a mistake, not a flagrant crime. SNP supporters on this thread tried to do the same. It was an SNP activist who filed a police complaint over the matter, as did another SNP member over the alleged honours for cash affair. In both cases, independent investigations cleared those involved, yet could not fully restore the reputations of those who had been smeared. That was the SNP's intention.
Mr Salmond has claimed to want 'One Scotland,' but the behaviour of his party has been petty, divisive and childish. It has lowered Scottish politics to new levels of juvenile opportunism.
Ms Alexander's reputation has been damaged. So has Mr Salmond's. In the long run, the SNP has more to lose by blatant partisan mud-slinging than Labour. It promises a new beginning, but has lapsed into old habits, and worse, risks turning Scottish politics into Northern Irish politics. In that event the biggest loser will not be Labour, but Scotland herself.
Why Why Why am I not surprised,after living in a Labour run country,it was foregone conclusion
I've just watched the footage of Wendy Alexander's press conference today (thanks to the 大象传媒 Scotland ews website). Her tone and attitude were completely wrong - far too self-congratulatory and upbeat. This was a smacked wrist, not a let-off. She should behave with humility, not celebration.
It ought to be all over now. But I think - because of her ill-judged reaction - the row might rumble on. This misguided tone is just yet another example of how she is not up to the job she has.
Section 56 says
"(1) Where鈥
(a) a donation is received by a registered party, and
(b) it is not immediately decided that the party should (for whatever reason) refuse the donation,
all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, "
and in subsection (3) that it is an offence if this is not carried out. Thus, if she did not take all reasonable steps then it is an offence.
The Commission say
"In respect of a possible offence under section 56, the Commission has concluded that, while Wendy Alexander did not take all reasonable steps in seeking to comply with the relevant legislation, she did take significant steps. "
By stating that they are of the view that Ms Alexander did not take all reasonable steps - the Commission is stating that it thinks she committed an offence. But that it is an offence it is not going to report to the PF because it is not in the public interes.
Deciding not to refer to the PF is neither here nor there. Any citizen could report this to the fiscal service because an offence has been committed - as the Commission confirms.
Further the Commission press release is silent on one issue. The legislation requires the steps to be taken "forthwith", a word which in other legal contexts requires urgency or immediate action.
Is there any information on this aspect of the offence? If the significant steps were not taken immediately then this should go further.
No surprise there then
I've just watched the footage of Wendy Alexander's press conference today (thanks to the 大象传媒 Scotland ews website). Her tone and attitude were completely wrong - far too self-congratulatory and upbeat. This was a smacked wrist, not a let-off. She should behave with humility, not celebration.
It ought to be all over now. But I think - because of her ill-judged reaction - the row might rumble on. This misguided tone is just yet another example of how she is not up to the job she has.
Section 56 says
"(1) Where鈥
(a) a donation is received by a registered party, and
(b) it is not immediately decided that the party should (for whatever reason) refuse the donation,
all reasonable steps must be taken forthwith by or on behalf of the party to verify (or, so far as any of the following is not apparent, ascertain) the identity of the donor, whether he is a permissible donor, "
and in subsection (3) that it is an offence if this is not carried out. Thus, if she did not take all reasonable steps then it is an offence.
The Commission say
"In respect of a possible offence under section 56, the Commission has concluded that, while Wendy Alexander did not take all reasonable steps in seeking to comply with the relevant legislation, she did take significant steps. "
By stating that they are of the view that Ms Alexander did not take all reasonable steps - the Commission is stating that it thinks she committed an offence. But that it is an offence it is not going to report to the PF because it is not in the public interes.
Deciding not to refer to the PF is neither here nor there. Any citizen could report this to the fiscal service because an offence has been committed - as the Commission confirms.
Further the Commission press release is silent on one issue. The legislation requires the steps to be taken "forthwith", a word which in other legal contexts requires urgency or immediate action.
Is there any information on this aspect of the offence? If the significant steps were not taken immediately then this should go further.
So - Not Proven at best....Whitewash at worst.
This is not a good result for justice or the body politic.
I do not regard the soliciting of the illegal donation from Paul Green as much of a crime. Its only 拢950 and I can easily believe that team Wendy innocently assumed the Channel Islands were OK. I didn't know they were off limits, did you?
HOWEVER
IF that had been the case, the donation would simply have been listed under Greens name at his home address. (and I bet no one would have noticed either!) BUT team Wendy, in my opinion, COVERED IT UP by listing it as a donation from CPS - A company that had no connection to Green. It wasn't a mix up either because the personal thank you letter from Wendy for the donation went to Greens home address in the Channel Islands.
Remember the PROFUMO AFFAIR? - That's the parallel. The married, Minister for War did not fall because he got caught in a sex triangle with a call girl and a Russian Spy. He fell because he lied to the House to COVER IT UP.
It is the COVER UP that treats the electorate with contempt and increases the seriousness of the crime by a factor of 10. People are not mugs. They know what phrases like Not Proven and Whitewash mean. And with that understanding goes what remains of Wendy's reputation. Sadly the whole of politics will suffer to some extent as well.
Absolutely shocking, no respect at all for the law from me now, How come she can get away with breaking the law. I actually have more contempt for her now than I did before because this just isn't fair.....does that mean that any political party can now accept donations from overseas...sounds like it has be condoned to me. It brings the whole of politics into disrepute, should could have been cleared in a court of law and then a "verdict" is acceptable but this is just the final straw, for me why on earth bother with politics it is corrupt? vote on their own salaries, "no if';s not buts" on fraud for the working man , but all the time above the law themselves...Seriously seriously disillusioned
Dare I ask, why this team seemed to be so unaware of the rules for the Electoral Commission after there was a lot of tax payers money allocated to the training of candidates and their teams? It seems to be a mish mash of incompetence. As both you and Alex seem to be imply, 'not proven' seems to be the verdict.
On the other matter which has been referred to the Procurator, how long has Wendy Alexander been a MSP? In that time she must have known that the register of interests is important. It seems she was late in asking her questions, although she did comply pretty fast later.
Does not seem like someone on top of her game - a leader - at all. It just makes me uneasy, very uneasy, that a decent opposition will emerge. The farce of the budget votes keeps coming to mind. How often is this ahead?
Wendy Alexander and her campaign team went begging for donations under 拢1,000 to avoid scrutiny (they forgot about the restrictions within the Scottish Parliament legislation).
She wrote a letter thanking Paul Green at his Jersey address for the donation.
She admits she broke the law.
Initially her campaign team say the donation is from a Glasgow based company.
Later they retract that comment.
So, to start with they tried to evade scrutiny by seeking donations below 拢1k. Then they try to hide the source of the donation by pretending its from a Glasgow company. Even then they admit the law is broken.
Somehow the Electoral Commission don't think this is worth a police investigation- could it be that either they have no concept of what happened or that they have destroyed the evidence?
It's time for someone to shine a light on the darker recesses of the electoral commission.
Wendy's a crook - she's admitted it, yet they rally to her defence.
Absolutely shocking!
It is the expected WHITEWASH, but this decision by the Electoral Commission has come too late to save Wendy Alexander and the Labour party.
Great damage has been done, and will continue to be done every time Wendy Alexander gets up to speak for Labour. Who will listen to a person who clearly broke the law but has gone unpunished? The answer is no one, because voters will be saying that there is one law for us and another law for discredited Labour members of parliament.
As a result I don't think Wendy Alexander will last 6 months - she is damaged goods.
What a lot of noise about a few pennies, she is just a wee lass, and pretty to boot. Give her some peace you lot of nasties.
Well as Jackie Baillie might say: "Fabulous, ** fabulous". Wendy broke the law and got away with it. A quango agreed she failed to take all reasonable steps (just satisfactory ones) and despite a public admission the law was broken, nothing more to add. So one rule for us, the punters, and one rule for the Labour Party. Great, fabulous even. What I dont understand is why quangos are now deciding over whether people are guilty or innoncent or even not proven. Another tier of justice, which is not accountable, not transparent, not open to public scrutiny. But its a tier specifically designed to protect politicians, not bring them to book as we were led to believe. This is a very sad day for justice, and for politics.
Tonight on my way home from work I unintentionally ran a red light. a flash went off behind me. Oops, I thought. But fear not. I have reported the incident to the Electoral Commission. I am totally convinced they will clear me of any intentional wrong doing.
I find it hard to believe this is anything other than a cover up but, in my 47 years Labour has always managed to contol Scotland Stalinst style.
More over the comments & conjecture aimed by labour apologists in this thread display all the usual self assured arrogance people have come to expect of labour voters. These people honestly think labour has a devine right to control our nation, I have come to loath these people & every thing about labour/new labour, they truly are the Kings of nepotism, they are a joke.
There is one particular feature of this whole enterprise which has rather got my goat.
The pretence that the question is quasi-judicial. All the blubbering Jackie Baillie and pals made about the thing before the Commission spoke up about it, the pious self-justification in the light of the report.
It is, after all, merely a limited judgement, hardly dispositive of all blame. Prosing over the affair as if it was white or black, some binary question of spotless of blame-ridden is ludicrous.
Understandable perhaps. Ms Alexander is hardly having an easy time of it. All the same, don't lets take her on. The whole affair hardly smells sweet even if she won't end up in Chokey.
The Labour Party has lost its way, particularly in Scotland. This EC announcement today may take a little of the heat off her personally but no matter where she turns it is still a party in a miserable mess. She's supposed to be offering inspiring leadership but it's not happening. Labour's performance in yesterday's budget debate showed them to be a bunch of churlish, resentful losers and was quite frankly ludicrous. For that pantomime alone Wendy as leader should be considering her position.
Alex Salmond would be better acting like a First Minister rather than an adolescent. Talking about "Not Proven" verdicts is childish. Does that mean the same can be said about his contacts with Donald Trump?
I have little time for Wendy Alexander but the SNP are getting a little tiresome of late with their arrogance, smugness and immature behaviour.
People are fed up of the behaviour of MPs and MSPs. About time he dealt with serious issues such as violent crime.
A blatant whitewash, but a highly amusing one. The whitewash cavalry dispatched by the so-called Electoral Commission came a day too late to save Wendy from the most abject humiliation imaginable at the hands of Alex Salmond. The only scenario worse than backing the SNP's budget would have been fighting an election. What a position to be in!
Refreshing to see that Wendy is spouting the usual guff about "integrity never in doubt....name has been cleared....time to move on..." It won't be long before she invokes the "people of Scotland" as in "standing up for" or "will make up their own minds". Well Wendy, you won't be standing up for me and my mind is firmly made up as well. Trying to hide donations by keeping them beneath the declaration threshold is not transparent, and neither is making a panic-stricken attempt at a declaration when you know you have been found out.
It's rather unfortunate politicians - the ones We Are Paying - are embroiled in dodgy fundraising exposes and dodgy plnning malarkies whilst the actresses and musicians are out there trying to do real good in the world.
Get a grip of yourselves Holyrood!
Wendy Alexander and her campaign team went begging for donations under 拢1,000 to avoid scrutiny (they forgot about the restrictions within the Scottish Parliament legislation).
She wrote a letter thanking Paul Green at his Jersey address for the donation.
She admits she broke the law.
Initially her campaign team say the donation is from a Glasgow based company.
Later they retract that comment.
So, to start with they tried to evade scrutiny by seeking donations below 拢1k. Then they try to hide the source of the donation by pretending its from a Glasgow company. Even then they admit the law is broken.
Somehow the Electoral Commission don't think this is worth a police investigation- could it be that either they have no concept of what happened or that they have destroyed the evidence?
It's time for someone to shine a light on the darker recesses of the electoral commission.
Absolutely shocking!
She got this 拢950 donation for re-election as head of the Scottish Labour Party but was re-elected unopposed.
So where did the other 拢17,000 of 'donations' vanish to...?
Someone has got a LOT of explaining to do.
Agree with Jimmie (#6). We could probably have predicted the spineless commission would let us down. But the electorate won't let her off the hook and Labour knows it. She's finished.
Not proven?
What a farce. The fact is she broke the law. I suggest no-one in Scotland obeys the speed limit anymore, and invokes the Wendy defence.
" but your honour, I asked the receptionist at the dvla and she said she thought there was no speed limit. After all I was only doing 40. No harm done, eh?"
Perhaps we need better police, csi:hollyrood?
Poor Wendy. Baiting and goading critics hurling all and sundry at her in a bid to put her off her job, while her back is turned. It's like the CIS cup semi-final all over again.
Well, thank God that's over. We can now get on with the business in hand. I am glad Wendy didn't suffer a technical knockout but nevertheless this whole episode has been damaging to her, to the Labour Party and to Scottish politics as a whole.
Jackie Baillie comes out of it with flying colours though for her stout, unswerving defence of Wendy throughout. She will have done herself no harm whatsoever over this episode.
As Brian now says, Wendy must begin laying some punches on Alex Salmond. She no longer has the excuse of just settling into the leadership or of having 'donorgate' hanging over her head. She must now deliver.
Psychologically she will be on a high and is quite likely to come out fighting next Thursday if not before. Clearly the party conference in March will be used to relaunch her leadership and her party in Scotland.
We watch with interest but I wonder if it's not too early in her career to be taking on such an accomplished politician as Alex Salmond and his team of bright sparks.
Wendy Alexander is guilty, but didn鈥檛 deliberately intend to break the law, so therefore she is admonished.
Your Honour may I be excused like Wendy for breaking the law, as I didn鈥檛 intend to do it.
Why did it take them [electoral commission] ten weeks to make up this excuse to let her off the hook.
It must have been a tricky decision, and only given after getting permission from number 10 Downing Street.
It stinks to high heaven.
What is the point of having the Labour Party make new laws and then have Labour politicians break it at will.
It鈥檚 so incredulous !
Who has friends in high places ?.
The members of the Electoral Commission should all sack themselves, and a new Commision should be ELECTED and not APPOINTED.
This matter goes to the very heart of Government.
Without the law, how can Government work ?.
This cannot be the end of this situation.
Do we now 鈥淟et Democracy Rule鈥
The pantomime continues.
.
Well, I'm sure we are all totally surprised that the whole sorry Alexander affair is not being referred to the police or PF. NOT. After all Ms Alexander is obviously above the law. She pleads guilty, but not intentionally, so that's ok then. Please remember that the next time you appear in court, see how it works for you. Your feet won't touch the ground. I assume that the two complaints to the police regarding this matter will now be investigated? If so and if it's then thrown out by the PF then the whole of the Scots Law will have to be changed to allow for this plea, and if the verdict is more than a slap on the wrist then they must appeal, and sight the Alexander case in their defence.
clamjamfrie wrote:
Just as an ordinary member of the public, I worry about the broader signals. If I read the electoral commission correctly it seems to imply that in matters of electoral law involving politicians - presumably of whatever party - it is not enough to break the law before action is likely. You have to want to break the law and leave incontrovertable evidence that that is so.
Someone tell me I am wrong: please tell me I am wrong.
I agree, this "verdict" suggests there is a filter for politicians before the police/pf can be involved.
Brewer tried to make this point on Newsnight and failed to press it home. In fact he really let WA off the hook.
But someone will haul her out again, hopefully soon to a keep net out of public life!
This is so depressing at long last we have a real politician leading our country in the right direction and then comes WENDY to undermine the political process .What does this woman think she is doing to forward the cause of our country by her desparate attempts to drag other MSP'S into her mess.She say's lessons have been learned ,yes they have wendy and the labour party will find out that the electorate tend to learn lessons aswell.
This is so depressing at long last we have a real politician leading our country in the right direction and then comes WENDY to undermine the political process .What does this woman think she is doing to forward the cause of our country by her desparate attempts to drag other MSP'S into her mess.She say's lessons have been learned ,yes they have wendy and the labour party will find out that the electorate tend to learn lessons aswell.
Its OK she didn't need the money ,she could have just said it was for a taxi fare from Edinburgh to Stornaway and back and put in her expenses ,then no one takes notice it seems
I only stole one sweetie, when the others took two, is a lame defence from the belligerent Ms Alexander, speaking on Newsnight. I take it that she also feels the police should not get involved when some rascal dips into her handbag and pockets the tiny sum of 拢900, by mistake naturally.
This makes a whitewash look positively grey.
Miss Alexander's comments about her personal integrity seemed rather over the top. What part of "not sufficient evidence" does she not understand?
Perhaps the Electoral Commission were not as white as they made out.
Labour launched an attack on the "advice" given to Ms. Alexander by the Electoral Commission's staff.
Clearly a back-off and if we are going down, we are going to tkae some of you with us.
I take it that the Electoral Commission staff were apointed by the previous Scottish Labour administration?
Well, whitewash indeed.
Brian - perhaps you can explain why it is that supporters of Wendy Alexander endorse the statements you make in your articles while opposers of Wendy Alexander criticise those same statements. I'm sure this does not escape the notice of the people who read your blog but it would be nice to hear your thoughts on the matter!
Does this ruling mean that anyone who is accused of breaking the law can now say to a Court "I didn't break the law intentionally. I made a mistake" and expect to have their case dismissed? No chance!
I'm not really surprised at the verdict: after all Wendy Alexander is too close to Gordon Brown who, in my mind was the real political target here.
The SNP must now be laughing though: not only is there a discredited leader of the opposition, she is also extremely ineffectual when taking on Alex Salmond. For God sake Wendy, for the benefit of all who oppose the nationalists, step down now!
This outcome was expected and is irelevant. Wendy has still not shown any signs of being a competent leader of Scottish Labour or the opposition at all! Truth be told, there probably isnt anybody on the opposing benches of Holyrood (be it in the Labour, lib dem or tory ranks) that could hold their own against Alex Salmond.
This isnt a pro SNP post..... this is just common sense. If Scotland is going to see a truly competitive political system, a new crop of charismatic figures will need to be born. Salmond (hate him or love him) can seduce a neutral in one speech or soundbite. Wendy is a running joke (who seems only to be backed by jackie bailley........... heaven help her), Nicol is a pathetic headline grabber who may as well be an independent MSP because he has backtracked on every manifesto pledge him and the lab-dems made, sorry i meant lib dems!! and Annebel has as much charisma as John Swinney!
"Honestly, this is not a pro SNP post, its purely common sense from a concerned neutral!" He says tongue in cheek
Will Defence Lawyers now be arguing in Court that their clients "took significant" steps to comply with The Law ?
In reality,The SNP will be thrilled that Ms Alexnder will continue to delight us further,the Labour Benches may not be exactly awash with political talent but they were bound to have come up someone marginaly better than the present Leader.
Of course the fallout from all of this is that there no respect left among the ordinary people for the police, the politically appointed (not elected) Electoral Commission and none left for the Law either. Do they think the people of Scotland are all stupid? Or is it that we are expected to just submit and take whatever is handed down to us from an English body sitting in Westminster. It reeks of corruption, and it is just one more nail in the coffin of the accursed Union.
Why are some folk surprised that Wendy Alexander got away with it? It is a proven fact that every large organisation rushes to protect its own. The Labour Party is no exception.
''Following the verdict, Ms Alexander admitted the 拢950 donation from Jersey-based businessman Paul Green broke the law and expressed "deep regret" her campaign team had ever accepted the money.''
The bottom line here is The Electoral Commission acts as a shield on behalf of Politicians who break the law.
Wendy Alexander has broken the law,however she has returned the illegaly solicited funds and therefore will not be charge.
The Electoral Commission is aa handy as a trap door on a canoe, some would say.
The stigma of this appalling decision will haunt ''Team Alexander'' all the way to to the 2011 election.
So it's welcome back Wendy, I look forward to hearing in the chamber discussing ''crime''.
Oh I nearly forgot, Wendy expressing ''deep regret that her campaign team ever accepted the money''.Lets get one thing straight,YOU are the legal regulated donee NOT your campaign team and you broke the law.
Can't help feeling that Wendy would have done much better last night to apologise as humbly as possible and then move on, rather than adopting her pompous, old-politics style, defence.
Even Gordon Brewer savaged her on Newsnight for her attitude and lack of logic.
What a performance from Alex Neil on GMS this morning.
Empty vessels REALLY DO make the loudest noise.
Show some political maturity, accept the decision and move on. The SNP accepted at the outset that "Due Process" had to be followed - but now that they don't like the decision, their tune has changed. Pretty sad, and to think that taxpayers money pays for these people to sit in Parliament.
I think the SNP have got the best result they could have hoped for from this. Ok if Wendy had been reported to the PF she would have to go and there would be short term chaos for Labour. The way it has turned out means we have a Lame duck opposition leader.
Frankly as someone that voted Labour in the recent past she is possibly the worst leader of any party I have seen. Last night on newsnight she came over as smug, thick and generally horrible.
Was she not to be Labours great hope according to Scottish Labour and the press? I never saw anything in her before to suggest this and she has proven me right in style.
What else did we expect, they are in parliament where do as we say not do as we do is the norm
Another Labour inquiry that results in a whitewash, not a surprise. Remember cash for questions and Dr Kelly's death.
When you control the honours that may be bestowed on someone, some day, is it any wonder it ends up like this?
Ms Alexander broke the law of the land; it should have gone to the police for investigation and prosecution.
Ms Alexander has admitted breaking the law, intentionally or not, it does not matter.
All round this is a bizarre affair that shows incompetence and dishonesty on behalf of Labour and the weakness plus complicity of the Electoral Commission.
"I will continue to get on with my job - leading Labour in the Scottish Parliament, standing up for Scotland's most vulnerable and fighting to put social justice back on the political agenda."
Even though I took significant but not all reasonable steps, I admit to bursting out laughing when I read your comment in respect of Justice.
My only hope is that the ''Public Laughing Commission'' will not report the matter to the police.
Craig.
In Newsnight last night Wendy Alexander said she noticed the Jersey address when she was asked to sign the letter to Paul Green aand immediately asked her team to investigate. Why then did she sign the letter and send it off?
Surely the proper action would have been to send a different letter to Paul Green apologising for asking incorrectly for a donation to him and returning the cheque.
Or is there another explanation?
I cannot see how wee wendy is let off as the ec cannot prove intent she has broken the law, she has admitted breaking the law - prosecute her.
Either that or defend a system where intent is a defence only for politicians (possibly only for politicians of a certain party) but not for the rest of us.
LAbour was paid 拢750,000 of public money to aquaint itself with the rules it introduced - at least the taxpayer should get that back!
Why are the police not investigating this unlawful act.
Wendy Alexander broke the law. Criminals should not be in power.
"Everyone is equal but some are more equal than others"
DT
I shall endeavour to find out how much this so called ''watchdog'' costs the taxpayer on an annual basis.
In the interim I believe we should all contact the ''Commission'' by phone , fax or e mail and express ourselves regardless of our political stance.
This whole sorry affairs places the burden back on the voters.We must now form an opinion as to what kind of Scotland we would have with Wendy as first minister. We must decide whether her conduct merits support or rejection. We cannot expect others to take these difficult decisions for us. The role of the Electoral Commission serves to remind us that we get the politicians we deserve. Devolution has, in fact, weeded out the sort of politician who previously could have escaped such scrutiny. It is up to Labour to sort this out, or it is up to the voters to sort them out.
So Wendy is whiter than white, just one problem, I don't know anyone who trusts these commissions and inquiries any more.
The bottem line is that politicians are a dodgy lot, if they brass it out then eveything will be ok.
If you shout long enough, eventually people will accept anything as truth.
Just take Tony and Gordon, they eventually convinced themselves and some of the country Saddam had weapons of mass destruction, just because they could not be found does not mean they were lying, does it?
This is nothing like a "not proven" verdict. Not proven means that a charge has been brought, evidence presented to a court of law and then a verdict given.
what we had here was a decision whether or not to report the matter to the Fiscal who would then have to bring charges.
More posturing by the Nats who, along with a large section of the Scottish press, are trying to get rid of a highly intelligent and capable female politician who is pulled down by the barrack room mentality of many of our MSP counterparts.
Question: Anyone know the answer? Mr Taylor?
Will the acceptance of an "impermissible donation" by Wendy Alexander be included on the Electoral Commission Register under her name, and if so, for how long?
What's Lord Foulkes banging on about saying Mr Neil and other critics of the verdict are "bad losers"? This has nothing to do with winning and losing but is abozut our system of law and holding politicians accountable. Again I would agree with Mr Salmond that the verdict was not proven but given that we know she broke the law it's merely that the intent was not there, should she still not get some kind of slap on the wrist?
The SNP didn't get Wendy's head on a plate so therefore it must be a whitewash. Yet when its Salmond and anything related to the Trump planning permission its just the opposition parties making a fuss over nothing and picking on them. You can't have it both ways.
Glad to see the beginning of the end of this saga now maybe Labour can back to the business of holding the SNP to account.
Very disgusted!
Why doesnt she have to face the same due process as the rest of us?
It is for the PF, not the Electoral Commission, to decide whether it is in the public interest to launch a police investigation or to charge Alexander with a criminal offence.
It means the actual law that was broken is now pointless. Labour bring in a law, then break it, then rule that it doesnt matter. What kind of legal check on donations is that?
"Yes your honour, I had been drinking but I took the 'reasonable step' of having a coffee before I got in the car."
If anything, this damages Labour, and politicians in general, even more than the actual donations row.
It is clearly a pals act with one law for them and one law for the rest of us. It stinks!
I for one am delighted with the response. Wendy Alexander represents all that is rotten in the labour party. Arrogant, agressive, self serving and thinking only of career and party rather than what is right for the people of Scotland. Very similar infact to the politicians of the thatcher era.
In place, as leader, she is a constant reminder to us of why we removed labour from power and why we do not want them back anytime soon
Actually from an SNP perspective this is the best possible outcome. If she had been forced to resign it would have looked bad but Labour have moved on with a new leader, and it's a long time to the next election.
Instead we have Alex, one of the most canny politicians of the age, facing an incompetant (e.g. budget fiasco), sleezy (e.g. this) and unpopular politician who looks horribly reminiscent of Mrs Thatcher on one of her medication days.
It really is no suprise that the SNP have been pulling the punches of late - she must be worth half a dozen SNP MSPs
Wendy Alexander's attitude has been atrocious during this investigation. She has been smug, arrogant and not a trace of humility. during the last few days she has seen this investigation as "a formality" and "a distraction" in her own words. Perhaps she knew before hand what the outcome would be! Maybe 'Uncle Gordon' helped her out a bit!
This is indeed a whitewash, it is a 'not proven' verdict, and yet, she still claims innocence in this whole sorry affair. This has damaged Scottish politics as a whole.
If I, or any other ordinary person, had obtained 拢950 illegally and got caught, I would be tried and punished in a heartbeat.
This is another let-off for the Alexanders in the Labour Party, first it was Douglas and his ineptitude which almost derailed an entire Scottish election from all the way in his Westminster office. And now bendy Wendy blowing in the wind avoiding responsibility while remaining as leader of the Scottish Labour Party.
I say their 'Uncle Gordon' should get rid of these inept people from the party before they ruin it for good!
The Law in England is not that of the Law in Scotland.
Can an UNELECTED 'commission', in ENGLAND, overule Scottish Judical Law in Scotland in the Wendy Alexander fiasco?
The Scottish Parliament in Holyrood must clarify this... NOW!
I am self employed and can spare the time to take a look at this blog every now and then.
I am constantly amazed that the vast majority of comments made here are from the vocal side of the SNP support. Do you people have nothing better to do than have a good old crow?
Here is a newsflash for you all. You won! You are in power, why not get on with that and show the people how you deal with it rather than spend the time kicking others? It was a parliamentary enquiry, not a "Labour inquiry" as #60 said. So, get over it, get on with it and shut up!
As a Labour support I am a little ashamed that my party has let me down by providing no solid opposition to the Smug Nationalist Party, oh sorry, Scottish National Party. I am equally dismayed at the poor level of talent the Labour Party seem to be promoting. However I still want to ask the FM and the government serious policy issues relating to Scotland.
Personally I would hope that Charlie Kennedy could come up to the Scottish Parliament, get a seat in it and rip the utter shreds out of the FM on a weekly basis. Alex Salmond is a giant in the parliament, simply because he is surrounded by pygmies. In Westminster, he was the shorter statured one. Get someone of real quality in the Scottish Parliament and watch the blod hit the walls.
Come on Charlie, save Scottish politics!
Concrete proof that politicians not only believe themselves above the law, but actually ARE above the law.
To everyone who is as disgusted as me, please consider sending an e-mail to the electoral commission to let them know what you think of their decision.
The Nats were bound to respond like this, calling the commision's investigation a whitewash, primarily because the SNP didn't get the blood they wanted, proof in the responses above.
However, the only person that can end all this speculation, is Wendy Alexander herself, this will only blow over when she proves herself a capable opposition leader, which for the sake of scottish politics, she now needs to do.
Good luck Wendy, you'll need it.
May I remind all of you that if you class this as a "not proven" verdict then that is irrelevant. "Not proven" does not have the meaning that many in society think it does. In reality it means exactly the same as not guilty (in fact Scotland's Legal System used to have only the Verdicts of 鈥淧roven鈥 and 鈥淣ot Proven鈥 (with not proven being the Scottish substitute of the English not guilty). There is a long and complicated history to the Not Proven verdict - not something that I am going to go into here.)
As for the person who thinks the Electoral Commission is a bunch of MSPs then think again. You won鈥檛 find a single MP, MSP, MEP or Local councillor working for the Electoral commission. They are a statutory independent body!
Also, the person who thinks it is only the police who report to the Procurator Fiscal. This is not the case. HMRC and Trading Standards are two further examples of enforcement agencies that would report to the Procurator Fiscal. Before any case goes to the PF the reporting authority will decide if it warrants going to the PPA based on the evidence that they have.
Wendy Alexander fails to meet the tests in Law as set out in the relevant legislation to be guilty of such a crime.
The SNP are just sad now that they actually have to do some work as the Wendy Alexander affair has now pretty much gone and will distract the media and the people from the fact that, despite what they claim, they鈥檝e achieved very little!
Saying all of that the Labour Party in Scotland has been damaged and, in my opinion, the only way that they can recover is if Wendy goes.
As a lawyer, I found the EC's explanation of their decision very interesting.
They found that the donation was illegal - no surprise there. More interestingly, though, they determined that, although Alexander had taken some steps to check legality, she has not taken "all reasonable steps" - ie what she had to do to establish a defence to the crime.
Accordingly, their verdict confirms that Alexander committed a crime and did not do enough to get the benefit of the only defence to that crime.
People may think this matter is at an end - but it isn't. Any member of the public can report the matter to the police and/or the procurator fiscal, and they will be obliged to investigate or explain why they have not done so.
In addition, there remains a possibility that the decision of the EC could be judicially reviewed on the (well-established) basis of irrationality - their judgement effectively says that she committed a crime but should not be prosecuted. That's not their call - that is a call for the procurator fiscal.
Like I said, not over!
CC
Of course its a whitewash why should polititians be allowed to brake the law and get away with it just because it wasnt delibrate no wonder the general public have a low opinion of polititians,it also annoyed me that when asked on newsnight if she had broken the law she said yes and started grining.
George Foulkes accuses Alec Neil of being a " poor loser". I fail to see how a sporting term applies in this case, perhaps the Knighted George considers the Scottish parliament to be some kind of game. There was I thinking he only joined the Holyrood trough to give himself a quiet well paid retirement after his amazing non achievements in the Commons , alas he thinks he's taking part in some kind of reality show.
So, since the commission won't refer it to the PF since they reckon they've not got enough evidence, why doesn't a member of the public make a complaint to the police and they would have to examine the evidence independently?
She's already on record admitting she broke the law - that in itself should be evidence enough for a conviction.
Bit of a lynch mob mentality here. What happened to 'innocent until proven guilty'. Insufficient evidence to prove her guilty equals innocent in the eyes of the law. Which matters more than how the SNP fanatics see it.
Having had time to sleep on this, I am now really annoyed at the Electoral Commission. They took weeks to come up with this and yet the Wendy team admitted doing wrong. Her 'performance' last night on Newsnight was abysmal and arrogant. Why could she not have apologised. I've really come round to the view that they thought they would get away with it ie intentional wrong-doing. They have not yet explained why they needed so much lolly for a non-campaign.And why are they putting so much desparate effort into trying to discredit other parties? Makes me think that they have an awful lot more to hide!!
But what were the Electoral Commission looking for? What did they not find? Surely they have more teeth than they appear to have? Why did they not use them? There are so many questions about their lack of transparency on this case that they need to be looked at very hard. We must have a parliament that obeys the laws, no matter what colour they are.
There is already a problem with voter apathy and disillusionment amongst the public with politicians. So how should we regard a politican breaking the law? One of the law's their party created. To lack any honour in resigning in fact to treat the public with such contempt they will cling to their position no matter what. Then to so publicly celebrate getting off with it. I'd like to think that the public would crucify such a character at the polls every opportunity they were given. However no doubt the disillusioned amongst us will see her continue to be rewarded for her contempt for democracy.
As One of Miss Alexanders constituents I'm perplexed by one thing. Why did she need to raise 拢17000 for an election when nobody was standing against her? The whole affair stinks.
She has not been cleared. It has only been decided not to prosecute her - big difference!
Nice to see our MSPs are not denied the same divine right afforded to our MPs, that of 'one set of rules for them - another set of rules for the rest of us'.
Next time I get prosecuted for speeding on the M8 I'll be sure to get my Brief to argue that I took "all reasonable steps" to stick to 70mph and below. Or that I simply wasn't aware of the speed limit and it was a genuine mistake. Or I'll just blame my passenger who, after all, told me that 78mph on a motorway was "okay".
Brian, I'll even let you interview me exclusively as the first person to have a case against them thrown out on the premise of having entered a plea of 'Wendy', which roughly translates to:
i) I didn't do it!
(failing which)
ii) I didn't mean to do it!
(failing which)
iii) I didn't do it, he/she/they did!
(failing which)
iv) I won't do it again, may I go now?
Wendy might have a fine intellect, compared to the knuckle-dragging tendency in the Labour Party, but she has a university debater's silly style, and the patronising presentational style of a children's TV presenter. In short, she's a pipsqueak who will soon be forgotten by history.
What she did was nothing, really, in itself... but very typical of West of Scotland Labour arrogance. The most superficial probe into Labour councils and governments of the last 30 years will show interesting correlationships between the granting of licences and planning permission and the upward mobility of party hacks who can barely read and write. So start with numpties in big hooses and work backwards.
I think the whole thing has been a farce and a distraction. These things should be solved internally: the the verdit on Wendy is to be welcomed as it was done by an impartial committee. I am sick of the nastiness of Alex Neil. if the case had gone to court and Wendy was found not guilt, he would still call the trial, judge and jury decision a whitewash. Saying that, the Labour Party needs a leadership and i am not convinced Wendy is that person. labour need someone that can give Salmond and the nasty Neil the same put-down as they do of others who disagree with them. Why many scots like salmond is beyond me.
"lose a party leader over such a trivial incident"
Didn't both the Tories - "taxireceiptsgate" and Labour - "officeexpensesgate" lose their leaders over equally trivial incidents
Wendy Helped In The Excuses With Amiable Soiled Hands!
Spells Whitewash from start to finish.
Clearly, the law as written was broken, however as a general point to all politicians, please do not take the high moral ground and wallow in some other politicians mistakes, tomorrow it could be you !
The EC being a sucker for a pretty face comment puts womens' rights back 80 years in tears. I would have accepted CONTRITION from Wendy possibly but a victory roll? IT hurts just as it hurts the Rule of Law.
Wendy Alexander has stated she broke the law......what else can it be but a whitewash?
I thought Brewer did a good job on Newsnight last night trying to pin down Wendy. She kept repeating the same phrases over and over again as all labour party people do which included saying that she had been cleared. She has not been cleared. What a pity she did not have the humility to actually say the words "I'm sorry" She tried to drag in all the other parties too which was ridiculous. She seems to lack the ability to take personal responsibility eg "a mistake was made" not "I made a mistake" With her it always seems to be "a big boy did it and ran away." The other politicians in the studio summed up her performance very successfully. The SNP must be delighted that she is still around after her abject performances in Holyrood.
the SNP should be playing it a bit more cool with this. there is little doubt that Ms. Alexander's reputation is still under question. (the commissions findings and the wording of the report were very strange and hardly an exoneration)there is really no need for the SNP to climb into the mucky hole that the Labour party has dug for itself as alex neil is doing.
they are doing a good job of that themselves!
neil and foulkes on the radio this morning was pathetic. like a couple of bairns!
I would count myself as someone who takes a casual interest in politics. I have never campaigned for any party, nor do I have the desire to. I have my opinions, my beliefs and I enjoy reading the papers and joining in discussions such as these. That is about the extent of my interest in politics.
I am therefore actually surprised at the depth of my own anger that I feel over this whole affair. I think this stems from the fact that the Wendy Alexander case, I believe, transcends partisan politics, this is about the transparency and integrity of our political system and those that wish to govern over us. In fact, it has gone further in my eyes now, undermining not only my belief in politicians, but also my belief in the integrity and inherent fairness of our political and legal systems. Why should I respect the law when those who make it do not have similar respect for it? And those who would enforce it do so in a prejudicial manner?
Regardless of the outcome, this matter should have been dealt with by the police. A law had been broken, admittedly so, and yet there will be no case to answer. This is about more than the sums of money involved. Our legal systems and culture of respect for our comunities and for the laws of our land is a house of cards held together not by the threat of force or punishment, but by the goodwill of the populace to adhere to those laws and to allow others (the police and judiciary) to police those laws. This is a tacit contract between the public and the state, for the police are there to provide a service to the law abiding majority, one which restricts certain of our freedoms at times but that we acknowledge and accept. It is, therefore, imperative that they be seen to apply the law equally in all circumstances. Not to do so removes a very significant card from the cardhouse, and makes our entire legal and political system unsteady. With this in mind I fail to see how reporting WA to the procurator fiscal can be anything other than 100% in the public interest.
I encourage all those in favour of democracy, regardless of their party allegiance to contact the EC and register your interest, as a member of the public, in seeing this matter referred to the Procurator Fiscal.
I think this cutting really sums up the situation.
What the commission will have to do this week - if it exonerates Alexander - is explain why, when the law has been broken by the admission of the parties involved, the case should NOT be referred to the relevant authorities. In short, why the police and prosecuting authorities shouldn't at least take a look at it. After all, the Electoral Commission is not judge and jury, but a regulator. It is supposed to refer any cases where there is a prima facie breach of the law over to the agencies equipped to assess them.
The danger here is that if the commission doesn't make a convincing case for leniency it will undermine its own credibility as well as Alexander's. The public will lose trust in the commission and whatever trust they still have left in politicians.
Same old, same old.
No surprise, either that she got away with it, or that she won't leave....
Could the Labour apologists such as Andy Moffat or Dave Boy who are banging on about due process please explain how that applies to this case. Any non-politician accused of breaking the law (and particularly one who admitted breaking it) would be investigated by the Police and, if appropriate referred to the Procurator Fiscal. If this had happened with Wendy Alexander and the Police/PF decided a warning or caution was appropriate there would not be a problem. After all the amount of the donation was relatively small and the Police/PF make this sort of considered judgement all the time. Due process would have taken place. But this did not happen. In this case a quango appointed by politicians was allowed to make the decision not to prosecute because the crime was committed by a politician. There is no provision for this delegation of responsibility in the legislation so how can it be justified? Can you imagine the outcry if the BMA, Law Society or General Teaching Council were given the right/power to decide whether doctors, lawyers or teachers who had broken the law should be prosecuted? So I ask again, Mr Moffat or Dave Boy -how does this qualify as due process?
Re No 57,
I read your rant, but also listened word by word to the debate on GMS with Alex Neil and George Foulkes.
Seems to me your view could equally be applied to GF. I mean just what credibility does this 'representative of the people have'??
One of the biggest expense spenders in Westminster!!; A 'Lord' but a wholly political appointment; An MSP who claims to be 'full-time' in Holyrood while drawing salary and expenses in both places!!; And a friend of Vladimir Romanov who completely ditched him when he found out his complete uselessness!!
And then he spouts on about the 'integrity of the Electoral Commission' and their vindication of THE BENDY'
And what do we know??
Only that both Des Browne, a Labour MP and THE BENDY gave the the electorate full assurances a full week ago that THE BENDY would be cleared by the Electoral Commission??
It's hard not to be skeptical, ken??
And in case you are wondering I am not a member of ANY party!!
This is absolutely ridiculous. How can the law be so casually disregarded? Law is law, we are all held accountable if we break it.
I know this has been decided by an 'independent' commission, but is there nothing we concerned Scot's can do?
I for one do not want to see this simply fade away into the background. If a petition was started, would that be enough to perhaps have the matter looked into again?
Is it over?
Not by a long way if Newsnight Scotland tonight at 6.30pm is any indication.
Three people in her constituency were interviewed and all three thought that her name has not been cleared.
The cynic that I am, I wonders how long the EBC spent doing interviews trying to find someone to defend her?
Is it just me or does Faulks get rolled out every time to defend the indefensible, is this because everyone knows he is a joke, and he has no reputation to defend?
how can someone who pleaded guilty at the start can have a not proven verdict one rule for them another us.
Alex neil is only saying what most people think and knew would happen, why it too two months for the whitewash i'll never know, was their a shortage of paint and christmas???
Not Proven = not cleared
I wonder if the Electoral Commission will react now that one of it's own has been killed.
A monkey has been shot at Edinburgh Zoo after escaping from a rabies quarantine, it has emerged.
Visitors were moved to safety following the incident which saw zoo keepers attempt to dart the Barbary macaque before being forced to kill it.
The question is,did the keepers take significant,but, not all reasonable steps prior to the shooting?
You couldn't make it up, could you ?
Wansanshoo.
I only stole one sweetie, when the others took two, is a lame defence from the belligerent Ms Alexander, speaking on Newsnight. I take it that she also feels the police should not get involved when some rascal dips into her handbag and pockets the tiny sum of 拢900, by mistake naturally.
This makes a whitewash look positively grey.
been looking at lots of blogs and have to say that over the last few days these threads are shouting out a public outrage at ec .should this not be a headline as i have now counted thousands of comments online or is it really all being swept under the carpet by the media .have to say the media look as dodgy on this as the ec does.
#52 - you're quite wrong - A Salmond Esq has managed, in a few short months, to turn my mother from a supporter of independence to a unionist. And I don't think she's the only one! He needs to get that smug look off his face, or face ruin!
As for Wendy - I suspect she was as guilty in this matter as Salmond is/was in the Trump affair. Make of that what you will.
Scottish politics is now a joke, with Wendy as the punchline. How anyone can even contemplate voting for these rogues is beyond me.
Steve A, very good point!
Wendy Alexander is understood to be politically savvy and intelligent. She may not have seen the Jersey cheque procured by Charlie Gordon but why did she sign a letter of thanks to this guy at his address in Jersey? No one in the media has picked this up which suggests that earlier comments on complicity of the media in this cover up are justified.
What a fuss over a few hundred pounds.Can we now move on and get with real issues -like social deprivation,the homeless,the ills of our society are surely more important than a few hundred pounds.The SNP should be careful re a couple of major planning issues where they have interfered with the process???
Or have they?
Is she going to get off a second time YES no matter what all the blogs say we know thats what will happen.Nice to see good reporting from Paul and Ian.
I finally get a comment accepted on Brian's blog.
Forgive me if I am wrong but i believe it was reported earlier in Wendygate that a number of private individuals had lodged complaints with Lothians And Borders Police in respect of Ms Alexanders admitted breach of the the law and that these complaints were on hold until the Electoral Commission reported.
Surely these complaints must now either be investigated or dismissed as a clewar breach of the law has been admitted by the perpetartor and confirmed by an investigator. The Police are not the Commission and surely still have a duty to investigate and report to the Fiscal their findings, which would compliment a parallel report from the Parliaments own watchdog.
She is far from safe and the matter is certainly not closed... Judicial Review anyone?
Bored rigid by this non-story.
i would like brian to ask wendy directly whether the computer was checked by the electoral commission to verify the emails were sent at the time indicated. very easy to make up after the event and have 2 parties agree it was sent then.
were we ever after the truth or not?
if in 60 days they did not even bother to check the one piece of evidence that would prove or disprove the story then i think we have the answer on whether a whitewash occurred.
whilst wendy does not answer direct questions, this is a straght yes or no so hard to avoid. if it was on the computer it would have been produced long ago in my view.
How can "Yes we did something illegal"
End up with "No you didn't"
How can "uh it came from a company in Glasgow honest guvnor"
end up with "But you didn't conspire to hide the origins"
The rules say "all steps must be taken"
But "some steps" ends up being enough.
What a load of backhander fed spin from the EC.
When is she going to do the honourable thing and stand down? Wendy and her party are a disgrace to the Nation! I can not believe her web page makes no mention of her recent behaviour or of the commissions 'not proven' findings. It also angers me to note that the easiest things to do on her site are 1. join the party and 2. donate to it!?!
She disgusts me so much so that my family and I are actively looking to move from her constituency. In fact, if labour were to regain power of Scotland, our searching for a new home North of the Clyde would probably extend to a search West of the Irish Sea!
The question is who made the decision and who appointed them. If as I suspect the people who made the decision are in effect apparatchiks of the New Labour state, why did anyone expect anything other than the verdict we got. Remember it is the commission that is responsible for the absurdity of seat distribution in England which means that even when the democratic result in terms of votes is massively in favour of the conservative party the labour party still emerges with the majority of seats. The entire political process has ben harmed by the this and other decisions of this ilk.
This is taken from Wendy Alexander's own personal website. Is it any wonder the public are angry?
In compliance with party funding laws, if I am donating more than 拢200, I understand that my details will be checked to ensure I am registered on a UK electoral register (this applies to overseas residents as well as UK residents). If I donate more than 拢1,000 to a Labour Party unit (e.g. Constituency Labour Party) or more than 拢5,000 to the Labour Party nationally in the course of a calendar year, I understand that my name and the amount of the donation will be reported to the Electoral Commission for publication on their public register of donations to the Labour Party.
The Electoral Commission has done what Labour did the previous day and 'abstained',however the public jury is out until 2001.only then will the real verdict be delivered.
Alba Gu Bra !
As a non-partisan regular voter this is just the sort of thing that puts me off politics and politicians. She may have been let off by her friends in the political classes. I've voted labour before, but no way while they have a bent leader. It stinks to high heaven, and I can't find any other word for it but corrupt. Quite apart from the fact that this donation was illegal, why 950 pounds? Because it's just below 1000, where she'd have to declare more details. Shady shady shady. All political donations are corrupting (what else are they for, for heavens sake!) and there should be an abolute ban on any bribes, oops donations, more than standard party membership fees.
The phrase used by the EC - 鈥渘ot in the public interest鈥 - is the key to this whole episode.
This is an impenetrable statement as there is no explanation given as to its meaning. It is just there, and provides no clue in itself. It is not transparent.
It is also unassailable as it lays aside the law of the country in favour of some other undefined principle whose character we do not know. It can be used in any circumstances which the establishment cares to apply.
This situation now is not just about individuals (i.e. Wendy Alexander, et al), it is about the criminal law being subverted and it should not be allowed to happen. The only way to give this whole episode some transparency is to take it before a court of law and have it examined minutely by legal minds. Whether it be in Scotland, in England or indeed in the European Court. Governments should not be allowed to get away with use of this pretext to justice.
We are told it is 鈥渘ot good for politics鈥 to have a prosecution but equally the question should be asked - is it good for politics not to have this episode examined by a court
Throw the lot out, the SNP included.
If Scotland's greatest wartime generation could come back you'ld be for it.
What a bunch of babies. What an insult to their memory.
wow 128 emails on the wendy alexander saga. Thats quite a lot of people replying brian.
My the public do seem to have an interest in what has happened dont they?
Now what was that verdict again.
Not in the public interest.
What exactly does that mean?
Does it mean the public are not interested or it would not serve the public interests for the matter to be prosecuted to obtain either a guilty or not guilty or not proven verdict.
Why not exactly?
Colin at #101 has it just right.
Have we now reached the stage where we tolerate law-breaking by those in the public eye? (Clearly yes).
How then can we expect the average citizen to conform to the rules? Wheter it's litter, minor vandalism or petty theft - what hope have we now?
What an example to our young people!
Louise 12:41 - "the public" don't have "an interest" but bet you wish they did.
If they do you can be sure they're not "the public" but SNeaPs - which is gaelic for turnips - what a curious coincidence.
What a disgrace that our 'Nationalist' First Minister has such a shaky understanding of the concept of 'Not Proven' in Scottish law.
Re 132
Ochone, ochone Tonald,
Where's yer troosers??
The word you are looking for is 'neeps' and its a Scots word!!
Whereas, of course, Wendy Alexander is looking for words that do not inhabit her own wee world like
Truth;
Integrity;
Responsibility;
Leadership;
And now:
Electability!!
The Labour party have proposed the use of lie-detectors to identify benefit fraudsters. Seems like a good idea. Perhaps applying those same lie-detectors to all parties (including Electoral ommission)involved in the wendygate fiasco might gain public approval and establish the complete truth.
Come to think of it, might be the very thing to throw some light on Westminster expenses.
How many members of the public have been interviewed prior to a unelected body such as the Electoral Commission stating that this wont be persued because it is not '' In The Public Interest''the answer absolutely none.
Is this the '' Social Justice '' she preaches on her website?
Resign in disgrace, and do the nation a favour !
Wansanshoo
The comissions decision is a victory for Wendy. I don't think Labour can afford any more of these victories.
Ok so Wendy delegated the financial stuff to team Wendy's CFO....she wasn't involved in the nitty gritty of a mere 拢900 donation bar signing the letter pushed across her desk.
but she delegatged it to a bunch of Labour placemen who expected to get away with murder because that's they'vr got away with murder before...
SORRY GUYS TIMES HAVE CHANGED
but then....Wendy s a smart cookie..... and no woman gets to where she is without serious political nous.....
so maybe there's a few old labour misogynists would be glad to see the back of her.... COME on DARLING KICK SOME ASS.
Surprisngly I find myself supportng her and wanting her to weather this storm in a teacup so as to show me if Scottish Labour has truly learned the lesson of the last election and realised Glasgow and Lanarkshire is only PART of Scotland (though I suspect only a humiliating defeat will do that)
I just wish every photo didn't make her look like she was about to break into tears.....though I'm sure if I was in her position dealng with Labour dinosaurs I'd feel like that myself.
If she gets ousted by some lanarkshire wideboy then god help Scotland.
The reason Wendy Alexander got in this situation, is purely because she 'isn't very bright', you only have to listen to her speak. The intellectual standard of MSP's is poor by any count. She has not been found innocent, just not proven, there was not sufficient evidence to procure a prosecution, so she need not think she got off 'scot-free'.
All will be watching her expences claims from now on, not just donations.
It鈥檚 clear from the kerfuffle over cash donations
That politicians in all of our own home nations
Stand accused of being less than transparent
Leaving all reputations with more than a dent
When the result comes back with a verdict not proven
Should we examine the interests of this Westminster Coven?
One thing鈥檚 for sure you can bet your last cent
The verdict delivered was not innocent
GMB Scotland 拢999, Michael D Rutterford 拢999, Neil Davidson 拢995, Nicholas Kuenssberg 拢995, John Lyons 拢995, Phoenix Car Company 拢995, Strathvale Holdings Limited 拢995, City Refrigeration Holdings Limited 拢995, David J Pitt Watson 拢990, Paul Green 拢950.
Why is she soliciting donations under the 拢1000 threshold if not to deliberately hide them?
What do Peter Hain and Wendy Alexander have in comomon? They both acquired/solicited cash for non existent or hopeless elections as leaders of their party. They also have unique definitions of accountability and integrity. This to me is truly Blair's legacy to the country and the Labour party.....the trust me I'm a good guy approach to ethics in politics.
BELEAGUERED Wendy Alexander is facing the prospect of a highly damaging public prosecution over the illegal donations row that threatens to end her career.
Bill Sinclair, 73, plans to apply to the Scottish Legal Aid Board for financial assistance this week after the Electoral Commission decided not to report Ms Alexander to the procurator fiscal over the 拢950 donation to her leadership campaign from Jersey-based businessman, Paul Green.
He is also preparing to make a formal complaint to the European Ombudsman within days, accusing the Commission of incompetence and maladministration over its handling of the row.
Mr Sinclair, a retired journalist, will now take the matter into his own hands, even though there has only been one successful private prosecution in Scotland in 26 years.
He said last night: 鈥淚f she is not called to account for committing a criminal offence then Scotland鈥檚 much-vaunted legal system is called into disrepute.
鈥淟awlessness is a big enough problem in Scotland. How can we expect ordinary people to obey the law if politicians can break it with impunity?鈥
Mr Sinclair added: 鈥淲endy Alexander should have faced a sheriff like anybody else, and her substantial steps could have been mitigating circumstances in her penalty for committing a crime, not a reason for not prosecuting the crime.鈥
End of cutting.
Obviously Mr Sinclair will be denied legal aid,therefore funds will have to be raised.
I wish to publicly pledge 拢100-00 to this cause and hope many concerned will follow suit.
Craig.
cover up, can be the only conclusion, wendy admited she broke the law, commision are a disgrace they should be in the dock as well, does this now mean any one can hold up their hands when caught and say sorry I did not know I was breaking the law and get away with it
Clearly many people believe the SNP honeymoon will end and Labour will be restored. So don't expect anyone hoping for a knighthood, a seat in the Lords, a planning decision or a licence to speak up and expose ongoing corruption. The Nats are getting used to power, the arrogance is already showing. How long before brown envelopes start appearing? Don't imagine the SNP are immune to the delusion of untouchability. Salmond is cute, but reckless, too. And his minions are just as thick as Labour's. Any bets on which Nat will be first to be exposed for sleaze?
Brian,
If you had any doubt that the SNP had their own folk monitoring and adding to each blog just check out 43 and 44! Word for word down to the mis-spellings! It's a pity.... because these vitriolic people turn people who really think about the issues, off politics.
Point too for the FM, who sneers and guffaws his way through FMQ's and fails to answer any questions put to him by Labour...... Remember that half of the population didn't vote for you at the election and are watching to see how you conduct yourself.
Wouldn't it be good if he dropped his Westminster antics and actually showed respect for our Parliament at Holyrood????
Personally, I find the screaming hoardes of cyber-nats baying for the blood of their opponents just as disturbing. The sheer hate and contempt expressed in the responses in this column and elsewhere has dragged political debate in Scotland to a new low.
Wendy Alexander's tenure as Labour leader has been marked by a series of mistakes and problems. Had she not been under investigation at this time, she would probably have been hammered more heavily by the press, for her mishandling of the budget debate. There is really only one question that any Labour supporter needs to answer. Given that she is the leader of the largest opposition party, do the members and supporters of that party genuinely believe that the wider public will view her as a potential alternative First Minister? If so, keep her. If not, get rid of her.
Not by a long way Brian.
There is corruption in all Politics but it looks like the Labour party is infected all the way through from top to bottom. If the police don't become involved then it will show them in the same light.
So what is going to happen with this new scndal with the SIF? No mention as yet by scottish media, how come so slow off the mark? Journalists should be loving this as it should be giving them plenty of work to do. So come on finger out and do some digging!
Brian heads his piece "Is it over?"
I don't think so. There is an article in today's Sunday Times about another potential scandal concerning 拢12000 and Mz Alexander.
You ask if it over Brian? Did you read the Times today. Oh Wendy what have you done now!
The Wendy Alexander case is at an end. I find it mind blowing that the Electoral Commission are allowed to decide if the case against Wendy Alexander should be reported to the Fiscal and worse after looking at Section 56 do they have that option not to. They should only have one thing on their minds was a law broken, no matter how trivial, then if so it must be refered onto the Fiscal after all its in the public interest.
That's the only option the police have if a Law is broken and any evidence is available. The only loosers here are the public who are left disilusioned by the decision of a self policing system. It is also my belief that some of Team Alexander are damaged by their own course of actions in this funding fiasco and obviously will not have the necessary honour to do the right thing. In remaining they and their sort regardless of political affiliation give politics in general a bad name
If Bill Sinclair sets up a web site to fund action on Alexander and the EC, he might be surprised by how much support he gets. I certainly feel strongly enough to contribute.
Brian why has the 大象传媒 not reported this?
From The Sunday TimesFebruary 10, 2008
Labour chief in new funding rowTom Gordon
WENDY ALEXANDER, the Scottish Labour leader, is facing an investigation by the Electoral Commission into a claim that she channelled 拢12,000 through a Labour front organisation to fund her constituency office. The police have also been asked to investigate.
The development put her under renewed pressure just days after the commission had ruled that it was not in the public interest to report her to police over a 拢950 illegal donation from Paul Green, a Jersey-based businessman, to her 2007 campaign for the party leadership.
Businessmen, including a Scottish Conservative party fundraiser, claim they were misled into contributing to her office in the run-up to the 2003 election to the Scottish parliament.
Is it over? you ask Brian. Nope it most certainly isn't. No labour politician can survive losing the support of the media in Scotland.
The dodgy donations, budgetary incompetence, shrill debating style and habit of losing staff are nothing.
When the Daily Record drops you....you're toast.
Wendy has made the Labour Party in Scotland look foolish and for that she wil be punished. Sadly, for her, I suspect the real pressure hasn't started yet and it won't be coming from the SNP.
She's thinks she's been brave by weathering the storm and in many ways she has but I think the Party will now decide if she won't go of her own volition they'll find a way to push her.
This item not mentioned on 大象传媒 website, 大象传媒 Scotland news or 大象传媒 News24.
So the 24 hour public service news channel (publicly funded) considers an acting award ceremony to be newsworthy but the second successive reporting of alleged illegal funding by the leader of the Scottish Labour party is not that important.
Is it possible that the references to 大象传媒 bias, that I keep coming across in blogs, has some basis ?
I think the EC has confused it's remit. According to the explanation on the COPFS website of how prosecution in Scotland works, it is Procurator Fiscal who decides whether a prosecution is in the public interest. Not the reporting agency.
Nevermind, I just read the Times on Sunday story on the new SIF Wendygate2, it looks like we get a rematch in any case.
In reply to Douglas T #154.
Well done Douglas T.
I have asked the newspaper to pass on my details to Mr Sinclair.
Hopefully he will be setting up a website as soon as possible.
Douglas T 拢 unspecified amount
Craig 拢 100-00
For those who wish to pledge to a ''Justice Fund'' please do so publicly.
Thank you to Brian Taylor and the 大象传媒 for allowing these messages.
Correct me if we are wrong, but as other people have pointed out the law WAS broken (as per WA's own admission) and the decision as to whether this should be prosecuted should lie with the legal system. I had always thought a confession was enough evidence and if, as she insists, she took all reasonable steps - the court would take that into consideration before passing judgement. However we will never know as the self-serving politicians have once again "looked after their own" and yet again left the public wondering if there is any honor left at all in politics.
hi brian heres the biggest chance of your carreer."tesco linwood" the local msp anounced it to a hall full of local residents recently.what was not announced was how they reached the decision a quick look at the msp's register of intrests might help enjoy your digging thats what being a journalist is about after all! ps i am not a member of any party.
#104, This may surprise you, but the Police are not the Enforcing Authority for all areas of Criminal Law. For example, the Health & Safety Executive enforce workplace HSE legislation, and will decide whether to refer issues to the PF. Likewise, HMR&C, SEPA, and Local Authorities all have authority over defined elements of the Law. All have the power to refer to the PF.
The Electoral Commission's role is exactly the same. They are the body who oversee the actions of Political Parties, and it is they who decide whether referrals to the PF are made when they are investigating a breach of the relevant Act. When I talk about Due Process, this is what I mean. You may not like it, but this system is supported by every political party in the land, including the SNP.
Yes please Brian. Do follow this one up.
You can start at:
It would appear that the Scottish Industry Forum (SIF) passing themselves off as independent and non-political held two dinners to raise money for the economic renewal of Renfrewshire - an admirable cross party aim. What the many businessmen, including a TORY PARTY FUNDRAISER did not know, was that the SIF was a front for the labour party and the 拢12,000 raised was given to Wendy Alexander to help her fight the hardly marginal Paisley North. Sir Alistair Graham (former chairman of the commons committe on standards in public life) commenting that this was "fairly fraudulent" is to merely state the obvious.
Is this Politics we're watching unfold here or the latest episode of The Real Hustle??
Looks like the ongoing DONORGATE (because that's far from over) is being joined by DINNERGATE.
Foulkes was on the radio saying this is a vendetta again WA. This is about justice, MSP's (and MPs) have many privilages, but make and ammend laws. It is for the to set an example and certainly not to be seen to be corrupt and above the law. Foulkes is so wrong, this brings the whole of politics into disrepute. He should be concerned about the lack of people casting votes, rather than party politics. Less people will vote because of this, as people feel powerless as it clearly seems to be the case the WA is not accountable to anyone (far less the people of Scotland). Foulkes et al may say that the public are fed up with this...but he is wrong about that too....he public are interested see the number of post on here (but the EC say it isn't in the public interest!!!). I so disagree...the public interest is best serviced by a clear message that nobody is above the law.
"All animals are equal, but some animals are more equal than others
A proclamation by the pigs who control the government in the novel Animal Farm, by George Orwell. The sentence is a comment on the hypocrisy of governments that proclaim the absolute equality of their citizens but give power and privileges to a small elite."
From The New Dictionary of Cultural Literacy, Third Edition. 2002.
I must confess to a wry smile when reading posts from those who show misplaced sympathy for Ms Alexander, whom it would appear can "breach" the law with impunity. The derisory comments aimed at her detractors lead one to conclude that, in the immortal words of Lance-Corporal Jones, Scottish Labour simply "don't like it up'em".
Brian your running a bit behind with this, no mention of SIF yet and do you know what "the Prawn cocktail offencive" was? I wonder just how you make a Prawn cocktail offend anyone, was this an assault on veggies?
159 - Dave "Boy" - I'm well aware that there are organisations other than the Police/PF who investigate alleged breaches of specific areas of the law. However the role of such organisations is regulated by statute - not by the organisations/parties being investigated. Can you tell me what statute authorises the Police/PF to delegate their investigatory role to the Electoral Commission? I do not care if any, or all, political parties have agreed to this procedure - it should not be open to political parties to make ad hoc agreements as to who should apply laws relating to them. I do not think I am the only person who is sick and tired of politicians (of all parties) hiding behind rules which they have set for themselves and which are administered by themselves or officials/lackies beholden to them. It is this culture which has led to the abuses which are now coming to light at Westminster with regard to office expenses, housing allowances etc. Think back to Henry McLeish - do you honesty think the "it's a muddle, not a fiddle" defence is available to the general public?
#159 Dave "Boy" the EC may be the Enforcing Authority but that does not mean that they are the sole arbiter of whether a referral to the PF should take place or indeed if any legal action should take place at all.
To use the analogy of a breach of Health & Safety Law, it would certainly be the norm for the HSE or Local Authority to decide on the worth of a referral to the PF, but that it not the only mechanism by which a case could be presented to court.
Brian, when are you updating us all on the ins and outs, truths and otherwise, of the 拢12,000 Wendy Alexander secured for her Holyrood campaign via a front organisation: "The Scottish Industry Forum"? I hear most of the donations were given at two "Renfrewshire Renaissance" dinners by businessmen who now feel misled. Indeed, some of them have financially supported other parties in the past and since! They all claim to have given the cash in the mistaken belief it was to be used to regenerate the area, rather than fund Wendy's next Holyrood election campaign; which it did (allegedly).
I don't like Wendy Alexander but I don't believe she set out to deliberately break the law or benefited personally from the illegally donated money - she was a victim of the incompetence of her election team and mainly by Charlie Gordon who should and probably did know better - Labour have developed an arrogance in their Political outlook that cost them dear at the last election - the SNP exploited this to the full and gained many votes and seats by their commitment to replace the unfair Council tax - Labour have no answer to this and are still burying their heads in the sand over this issue, and this, coupled with their poor performance in opposition will cost them more seats at the next Election whether Wendy stays or goes.
If my understanding of the Sunday Times story is correct, then I think trying to catch THE BENDY on a five-year old story which has been in the public domain for five years is highly unlikely.
However, what was actually far more interesting in that story was the quote from an unnamed insider that 'she is toast' and another elsewhere that 'she is a dead politician walking'
If the Labour Party of Westminster are already sharpening their knives, then THE BENDY's days as leader of the LPoWiS are well-numbered.
And again we have to ask, just where is the 大象传媒 reporting on this matter??
Nowhere to be seen!!
#159 Dave "Boy", once again, you're bang on. I could say a lot more on this but I have decided to ask myself the following before I say or write anything now - 'is it true, is it necessary and is it kind'!
In the same week that Wendy Alexander gets off free, a citizen defending himself against a knife attack is jailed.
see link
Doesn't mention anything about the attacker being charged. But then again police in London murder members of the public and get away with it.
Good to see Scottish Justice at its best.
This must give the voters something to think about.
Much has been said here and I won't add much other than to say I agree especially with #101, Colin McDonald, and #104 & 168, J. Duncan.
With 174 posts and counting, one thing is clear. The public are decidedly interested and this is one issue that is not going to be allowed to be quietly swept under the carpet.
This a brilliant president.
next time I am caught drunk and disorderly on a friday night after one too many tipples I can meanrly say I did not know it was against the law and that I tried my hardest to stay sober.
Im sure lothian and Borders will be most accomodating me and direct me to the nearest kebab shop for some fine food before a leisurly stroll home with several stops along the way. This again I understnad will not be punished if I plead ignorance to the crime of peeing on someones garden
#161
Too kind in giving Brian the "biggest chance of his career".
I don't think I've ever heard of this "Tesco". Do they have stores anywhere else? It seems almost unbelievable that they would want to open a store in Linwood.
Dave Boy 162#
I agree with your comments, however the EC's authority is not in question.
The question was, is, and will remain, how can the EC get it so wrong?
Craig.
Wendy Alexander is quite simply damaged goods.
Labour donors should get their money back under the Sale of Goods Act.
#174 - highlights all thats wrong in society. We ask constantly whats being done and when someone does something the judiciary(from their upperclass curtains) prosecute the wrong person.
No wonder the Kids feel carte blanche to cause mayhem as anyone who intervenes ends up in the docs. SO WHY BOTHER!
YES, IT DOES APPEAR TO BE OVER. DESPITE THE FACT THAT WENDY ALEXANDER BROKE THE LAW, SHE WILL NOT BE PROSECUTED, AS AN ORDINARY MEMBER OF THE PUBLIC IS EVERY TIME THEY BREAK THE LAW.
IT IS OVER, AFTER THIS ALARMING TREATMENT OF HER BY:
THE ELECTORAL COMMISSION;
THE PROCURATOR FISCAL;
THE POLICE,
SO IT IS OVER, BUT AT THE SAME TIME, SO IS A LARGE NUMBER OF SCOTTISH CITIZENS FAITH IN THE SCOTTISH JUSTICE SYSTEM.
FOR ONE, IF I AM EVER ACCUSED OF A CRIME, I WILL NOT BE ABLE TO TAKE THE JUSTICE SYSTEM SERIOUSLY, AND WILL ONLY FEEL RIGHT IN MY SKIN IF I TREAT IT WITH THE CONTEMPT IT NOW DESERVES.
Sorry if the shouty capital letters offend you, but I feel they are warranted in the circumstances.
YES, IT DOES APPEAR TO BE OVER. DESPITE THE FACT THAT WENDY ALEXANDER BROKE THE LAW, SHE WILL NOT BE PROSECUTED, AS AN ORDINARY MEMBER OF THE PUBLIC IS EVERY TIME THEY BREAK THE LAW.
IT IS OVER, AFTER THIS ALARMING TREATMENT OF HER BY:
THE ELECTORAL COMMISSION;
THE PROCURATOR FISCAL;
THE POLICE,
SO IT IS OVER, BUT AT THE SAME TIME, SO IS A LARGE NUMBER OF SCOTTISH CITIZENS FAITH IN THE SCOTTISH JUSTICE SYSTEM.
FOR ONE, IF I AM EVER ACCUSED OF A CRIME, I WILL NOT BE ABLE TO TAKE THE JUSTICE SYSTEM SERIOUSLY, AND WILL ONLY FEEL RIGHT IN MY SKIN IF I TREAT IT WITH THE CONTEMPT IT NOW DESERVES.
Sorry if the shouty capital letters offend you, but I feel they are warranted in the circumstances.
Wish it was!
Love how all the unionist posters on this thread assume all those supporting the SNP want Wendy to go! Stay Wendy! Stay! Your far too valuable in post now ... many people will never vote Labour again after this latest "fiasco" (to utilise the term of Ms Alexander's choosing).
Is Jack McConnell making a play for Wendy's portfolio, is West Coast Jack being positioned to take over from weakened Wendy?
Scottish citizens, be afraid, be very afraid!
Main thing to remember is that each and every election that Ms Alexander stands, this issue will re-emerge!